Legal Question in Family Law in California

My husband are divorcing and currently splitting assets. I had $3000 in student loans prior to our marriage. After we married, he paid off the debt. He is requesting I pay back half the debt since it was my debt before marriage. Do I have to agree to this?


Asked on 3/31/21, 8:14 pm

1 Answer from Attorneys

If it was paid off with community funds, no. Community funds used to pay off a premarital debt are not recoverable by the community. If he paid it off out of money he had before marriage, it becomes a he-said, she-said as to whether or not it was intended as a gift.

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Answered on 4/22/21, 9:31 am


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